B. Other aspects of jurisdiction
32. The Court notes that no objection has been raised to its personal, temporal
and territorial jurisdiction. Nonetheless, in line with Rule 49(1) of the Rules,
it must satisfy itself that all aspects of its jurisdiction are fulfilled before
proceeding to consider the Application.
33. Having found that nothing on record indicates that it lacks jurisdiction, the
Court finds that it has:
i.
Temporal jurisdiction, insofar as the alleged violations were
committed after the entry into force of the above-mentioned
instruments, in relation to the Respondent State.
ii.
Personal jurisdiction, insofar as the Respondent State deposited its
Declaration before the present Application was filed. Subsequently,
on 25 March 2020, it deposited an instrument withdrawing its
Declaration. In this respect, the Court reiterates its position that the
withdrawal of the Declaration has no retroactive effect and has no
bearing on cases filed before the deposition of the instrument of
withdrawal or on new cases filed before it comes into effect. Given
that the withdrawal of the Declaration takes effect one year after the
deposition of the instrument of withdrawal, in this case, on 26 March
2021, it does not have any effect on the present Application, which
was filed on 25 March 2020.
iii.
Territorial jurisdiction, insofar as the alleged violations were
perpetrated in the territory of the Respondent State
34. In light of the foregoing, the Court holds that it has jurisdiction to hear the
present Application.
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